The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TERRORIST PENALTIES ENHANCEMENT ACT OF 2003” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S11240-S11241 on Sept. 9, 2003.
The publication is reproduced in full below:
TERRORIST PENALTIES ENHANCEMENT ACT OF 2003
Mr. SPECTER. Mr. President, I have sought recognition to speak on a bill that I will introduce to increase the criminal penalties relating to terrorist murders and to deny Federal benefits to terrorists, and for other purposes.
I authored the Terrorist Prosecution Act of 1986, which provides for extraterritorial jurisdiction to try in United States courts anyone who assaults, maims, or murders a U.S. citizen anywhere in the world. And that bill, which provides for the death penalty, has been enacted into law and has been very helpful.
I have been trying to extradite Palestinian Authority terrorists who have murdered United States citizens abroad. This bill would go beyond existing law to provide for the death penalty in all terrorist offenses resulting in death. It adds the death penalty as a punishment in a number of situations that do not currently provide for the death penalty, such as sabotage of a national defense installation, sabotage of a nuclear facility, or destroying an energy facility.
In addition, this legislation includes conspiracy and attempt to commit terrorist acts in the list of terrorism offenses subject to the death penalty. It would enable prosecutors to seek the death penalty for terrorist fundraisers, for example.
Another important aspect of this legislation would be to remove the so-called gateway factors to impose the death penalty for terrorist offenses. It adds terrorism to the list of offenses, espionage and treason, for which the death penalty can be imposed without the gateway factors being met. For other offenses, the death penalty can only be imposed if there is a direct link between the criminal act and the death of a victim and prosecutors do not believe they can establish such a link in the case of a terrorist fundraiser.
There are Supreme Court decisions which preclude the imposition of the death penalty, for example, on the driver of a getaway car in a felony murder or robbery murder. Someone in the getaway car cannot get the death penalty because the Supreme Court has said it is too remote. And when I have pressed the Department of Justice to proceed with criminal prosecutions and to seek the death penalty for terrorists, for people who contribute to organizations such as Hamas, where they know there are terrorist branches and instigation of the murdering of U.S. citizens, as they did some months ago at Hebrew University and in other situations, the prosecutors have said to me they are concerned that the analogy to the driver of a getaway car might prevent the imposition of the death penalty.
Frankly, I disagree with that assessment because the driver of a getaway car may not be considering the consequence of death. And the contributors to terrorist organizations, knowing what those organizations do, are really on notice and are accessories before the fact to murder. I think they ought to be held liable under existing law. But to clear up any ambiguity, this legislation would remove those limitations and would make such contributors to terrorist organizations liable for the death penalty as accessories before the fact.
I ask unanimous consent that a copy of the bill be printed in the Record.
There being no objection, the material was ordered to be printed in the Record, as follows:
S.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorist Penalties Enhancement Act of 2003''.
SEC. 2. PENALTIES FOR TERRORIST MURDERS.
(a) In General.--Chapter 113B of title 18, United States Code, is amended by adding at the end the following:
``Sec. 2339D. Terrorist offenses resulting in death
``(a) Penalty.--A person who, in the course of committing a terrorist offense, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.
``(b) Terrorist Offense Defined.--In this section, the term
`terrorist offense' means--
``(1) international or domestic terrorism as defined in section 2331;
``(2) a Federal crime of terrorism as defined in section 2332b(g);
``(3) an offense under this chapter;
``(4) section 175, 175b, 229, or 831 of this title;
``(5) section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284); or
``(6) an attempt or conspiracy to commit an offense described in paragraph (1), (2), (3), (4), or (5).''.
(b) Chapter Analysis.--The chapter analysis of chapter 113B of title 18, United States Code, is amended by inserting at the end the following:
``2339D. Terrorist offenses resulting in death.''.
(c) Aggravating Factors.--
(1) In general.--Section 3591(a)(1) of title 18, United States Code, is amended by striking ``or section 2381'' and inserting ``2339D, or 2381''.
(2) Conforming amendment.--Section 3592(b) of title 18, United States Code, is amended--
(A) in the heading, by striking ``and treason'' and inserting ``, treason, and terrorism''; and
(B) in paragraph (1)--
(i) in the heading, by striking ``or treason'' and inserting ``, treason, or terrorism''; and
(ii) by striking ``or treason'' and inserting ``, treason, or terrorism''.
SEC. 3. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.
(a) In General.--Chapter 113B of title 18, United States Code, is amended by adding at the end the following:
``Sec. 2339E. Denial of Federal benefits to terrorists
``(a) In General.--Any individual who is convicted of a Federal crime of terrorism (as defined in section 2332b(g)) shall, as provided by the court on motion of the Government, be ineligible for any or all Federal benefits for any term of years or for life.
``(b) Federal Benefit Defined.--As used in this section,
`Federal benefit' has the meaning given that term in section 421(d) of the Controlled Substances Act (21 U.S.C. 862(d)).''.
(b) Chapter Analysis.--The chapter analysis of chapter 113B of title 18, United States Code, is amended by inserting at the end the following:
``2339E. Denial of Federal benefits to terrorists.''.
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